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Legal Ethics
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February 25, 2025
Family Of Wife Killed By Ex-BigLaw Atty Still Fighting For Funds
The cousins of the woman killed by her former BigLaw partner husband urged a Georgia state court to reject a bid to deprive them of the settlement proceeds from the underlying wrongful death suit, saying the court shouldn't rely on the ex-lawyer's assertions that she wanted the funds to go to her godson.
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February 25, 2025
Calif. Bar Touts Reduction In Racial Disparity In Atty Discipline
The State Bar of California has reported what it calls "significant" shifts toward equity in attorney discipline in the five years since a watershed study showed a decades-long trend of disparity, including that Black male attorneys were more than three times as likely to be placed on probation or disbarred compared to their white counterparts.
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February 25, 2025
Patent Exec Says Starbucks Is Liable For Atty's Statements
A patent-licensing company executive pushed back on Starbucks Corp.'s attempt to exit his defamation lawsuit over statements from counsel for Starbucks, arguing the Florida federal court has jurisdiction partly because the executive lives in the district.
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February 25, 2025
King & Spalding Beats Bias Suit Over Summer Program
King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.
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February 25, 2025
Lawyer Who Became Client's 'Punching Bag' Scores Case Exit
A Connecticut attorney who claimed he became his Massachusetts client's "punching bag" can exit her medical negligence lawsuit against two doctors accused of misplacing or destroying her embryos, a Milford judge ruled Tuesday.
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February 25, 2025
10th Circ. Asked To Rethink Denying Atty's Racing Deductions
A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.
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February 25, 2025
High Court Orders New Trial In Okla. Death Row Case
The U.S. Supreme Court on Tuesday ordered a new trial for an Oklahoma inmate whose conviction and death sentence for a 1997 murder, the state confesses, was the product of prosecutors withholding evidence and knowingly presenting false testimony.
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February 24, 2025
Ex-Judge Hopes To Avoid Testimony In Atty Romance Probe
Former Texas bankruptcy judge David R. Jones said Monday that he's been talking with the U.S. Trustee with the aim of avoiding "live trial testimony" in the probe of his undisclosed romantic relationship with a former Jackson Walker LLP partner, arguing that he's already given a deposition.
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February 24, 2025
Injury Attys Sanctioned Over AI-Hallucinated Case Citations
A Wyoming federal judge overseeing a personal injury lawsuit against Walmart sanctioned the plaintiffs' attorneys from Morgan & Morgan PA and the Goody Law Group after they filed pretrial motions containing case law hallucinated by artificial intelligence, but acknowledged Monday their "remedial steps, transparency and apologetic sentiments."
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February 24, 2025
Okla. Attorneys Say Tribes Can't Intervene In Jurisdiction Row
Two Oklahoma district attorneys are fighting bids by the Cherokee, Chickasaw and Choctaw nations to intervene in the federal government's challenges to the DAs' attempts to prosecute tribal citizens for crimes committed in Indian Country, saying the tribes are adequately represented by the United States.
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February 24, 2025
Judge Who Ordered Pages Restored Put On Impeachment List
A Republican U.S. congressman announced Monday he has introduced articles of impeachment against a Washington, D.C., federal judge, following the judge's ruling ordering public health agencies temporarily to restore the web pages they took down in response to a Trump administration order to scrub pages of "gender ideology."
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February 24, 2025
Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort
A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.
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February 24, 2025
Trump Media Co. Wants TRO Against Brazilian Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. have asked a Florida federal court for a temporary restraining order blocking a Brazilian Supreme Federal Court justice's gag orders, arguing they illegally suppress political speech in the United States.
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February 24, 2025
Conn. Solo Wants Willkie Partner's $27K Fee Bid Slashed
A Connecticut solo practitioner who lost a First Amendment lawsuit after leaking a Willkie Farr & Gallagher LLP's partner's landlord-tenant dispute to the New York Post on Monday criticized the partner's bid to recoup his legal fees, arguing $8,250 is more reasonable than his current $27,000 demand.
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February 24, 2025
DA Willis Says 'Makes No Sense' To DQ Her From Trump Case
Fulton County District Attorney Fani T. Willis is arguing to the Georgia Supreme Court that her disqualification from prosecuting the Georgia election interference case against President Donald Trump and others was unprecedented, asserting that her ousting over the appearance of impropriety creates a dangerous precedent.
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February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial
A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
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February 24, 2025
Law Firm Must Face Malpractice Suit Over Home Project Case
The New Jersey Appellate Division reinstated a malpractice suit against a Garden State firm on Monday in a published decision finding that the plaintiff was allowed to assign some of the proceeds of the case to third parties ahead of time.
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February 24, 2025
Texas Atty Dinged For AI-Generated Fake Citations In Briefs
A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.
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February 24, 2025
High Court Rejects Dish's Bid For Atty Fees For PTAB Work
The U.S. Supreme Court on Monday turned down Dish Network's appeal arguing that, after being cleared in a patent infringement case, it was entitled to attorney fees for its successful Patent Trial and Appeal Board challenge, and from the plaintiff's attorneys.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
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February 21, 2025
Ex-Trump Atty Powell Can't Dodge Michigan Ethics Claims
The Michigan Attorney Discipline Board has denied Sidney Powell's latest attempt to shake misconduct claims over a legal challenge to Michigan's 2020 presidential election results and advancing Donald Trump's election fraud theories, finding that a Texas disciplinary board's decision not to discipline Powell isn't binding on the Michigan proceedings.
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February 21, 2025
Death Row Case Offers Window Into Prosecutors' Gender Bias
As she stood trial for orchestrating her estranged husband's 2001 murder, Brenda Andrew faced an uphill battle convincing an Oklahoma jury of her innocence. The evidence was stacked against her, but perhaps the most powerful weapon in the prosecutors' arsenal wasn't the evidence itself — it was their ability to portray her as a deviant, unfaithful woman who deserved to be executed.
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Officers Say NJ Attorney General Can't Avoid Retaliation Suit
A New Jersey state judge should reject a bid from the state Attorney General's Office to reconsider the denial of its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, the officers told the court this week.
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February 21, 2025
Paul Hastings Seeks To End GenapSys Malpractice Action
Paul Hastings LLP has moved for summary judgment in a malpractice action from GenapSys Inc., saying the case is barred because the genomic sequencing company failed to disclose its possible claim until after confirmation of its bankruptcy plan.
Expert Analysis
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.